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Ordinance 2008-02 ORDINANCE NO. 2008-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, WITH AMENDMENTS, AND AMENDING SECTION 10.9 AND DELETING SECTIONS 10.11 - 10.16 OF THE GILROY CITY CODE. WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the Uniform Fire Code shall be submitted to the City Council for adoption subject to local modifications and changes; and WHEREAS, the Uniform Fire Code is no longer used as the model code in the State of California; and WHEREAS, the 2006 edition of the International Fire Code with amendments was adopted by the State of California as the 2007 California Fire Code and as part of the California Building Standards Code; and WHEREAS, California Health and Safety Code section 17958 authorizes a city or county to make changes in provisions published in the California Building Standards Code or other regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the California Building Standards Code or other promulgated regulations shall be applicable to the city or county and shall become effective 180 days after publication, which date of effectiveness is January 1,2008; and WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county to make changes or modifications in the requirements contained in the provisions of the California Building Standards Code and other adopted regulations if the city or county -1- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 determines that the changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, California Health & Safety Code section 13143.5 authorizes a city or county, by ordinance, to make changes or modifications that are more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety and certain other regulations; and WHEREAS, the Silicon Valley area, which includes this City, is within a very active seismic area and local soil conditions can be highly expansive and are prone to shrink and swell during seasonal drying and wetting; and WHEREAS, portions of the City are in hillside areas that are hazardous fire areas that have only limited fire suppression forces and facilities available for the protection of life and property; and WHEREAS, city fire protection and suppression services for buildings are limited and therefore require supplemental fire suppression services such as automated fire sprinkler systems; and WHEREAS, the City has local climatic considerations including temperatures ranging from below freezing to over one hundred degrees, local geological considerations including the presence of seismic activity and expansive clay soils, and local topographical considerations including extensive hillside construction that is prone to erosion; and WHEREAS, the City has participated in a County-wide effort over many months to make uniform amendments to the 2007 California Fire Code throughout the cities in the county that share similar local climatic, geological and topographical considerations; and -2- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 WHEREAS, the City Fire Chief and staff recommend that some local amendments to the 2007 California Fire Code are necessary as are set forth herein; and WHEREAS, a duly noticed public hearing was held prior to the adoption of this 2007 California Fire Code and amendments thereto by the City Council on December 17, 2007; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970 ("CEQA"), as amended, because it does not involve an activity that may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council has reviewed all of the written materials and considered all of the oral testimony presented to it on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City of Gilroy does adopt effective January 1,2008, the California Fire Code, 2007 Edition including Appendix Chapters 1 and 4, as Published by the International Code Council (ICC), with modifications, additions and changes recommended by the Fire Chief as set forth in Section II of this Ordinance and shall be known as the Fire Code of the City of Gilroy. SECTION II That the following sections of the 2007 CFC Appendix Chapter 1 are to be revised as follows: REASON FOR AMENDMENT: In the adoption of the 2006 International Fire Code by the State of California, the State created its own version of Chapter 1 of the Code. It then placed the International Fire Code Chapter 1 into Appendix 1 of the California Fire Code for local agencies to amend and adopt. Appendix 1 contains sections that provide for the administration and implementation of the Fire Codes by a specified agency. It also provides the general definitions and permits to be administered by the local agency. -3- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION NO. 101.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 101.1 Title. These regulations shall be known as the Fire Code of the City of Gilroy, herein referred to as 'this code'. REASON FOR AMENDMENT: The model code requires the local agency to insert appropriate language to identify this as the Gilroy Fire Code. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION NO. 103.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 103.1 General. The fire prevention section is established within the Building, Life and Environmental Safety Division, of the Community Development Department, and under the direction of the Development Center Manager. The Fire Marshal carries out the functions of the fire code official on behalf of the Fire Chief and implements, administers and enforces the provisions of this code. REASON FOR AMENDMENT: The model code requires the local agency to insert appropriate language. The language provided is consistent with the current structure of the Fire Marshal function in Gilroy. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION NO. 108.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 108.1 Board of appeals established. The Building Board of Appeals appointed by the City shall act as the Building Board of Appeals for this code. REASON FOR AMENDMENT: The model code requires the local agency to insert appropriate language. The language provided is consistent with the current code and processes for the appeals process in Gilroy. AMEND THE 2007 CFC APPENDIX CHAPTER 1 TABLE 105.6.8 IN ITS ENTIRETY TO READ AS FOLLOWS: TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES1 TYPE OF GAS AMOUNT (cubic feet)z X 0.0283 for m3 Corrosive 200 Flammable (except cryogenic and liquefied petroleum gases) 200 -4- ILLEZOTTE1750711.1 012408-04706083 Ordinance No. 2008-02 Highly toxic Any amount Inert and simple asphyxiant 200 Irritant 200 Moderately toxic 20 Other health hazards 200 Oxidizing (including oxygen) 200 Pyrophoric Any amount Radioactive Any amount Sensitizer 200 Toxic Any Amount Unstable (reactive) Any amount For SI: 1 cubic foot = 0.02832m3. 1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions. 2 Cubic feet measured at normal Temperature and pressure. REASON FOR AMENDMENT: To maintain the current permit structure used to regulate compressed gases and to stay consistent with the agencies within Santa Clara County. AMEND THE 2007 CFC APPENDIX CHAPTER 1 TABLE 105.6.10 TO READ IN ITS ENTIRETY AS FOLLOWS: TABLE 105.6.10 PERMIT AMOUNTS FOR CRYOGENIC FLUIDS INSIDE OUTSIDE TYPE OF CRYOGENIC FLUID BUILDING BUILDING (2allons) (2allons) Flammable More than 1 55 Inert 55 55 Oxidizing (includes oxygen) 10 50 Physical or health hazard not indicated above Any Amount Any Amount For SI: 1 gallon = 3.785 L REASON FOR AMENDMENT: To maintain the current permit structure used to regulate cryogenic materials and to stay consistent with the agencies within Santa Clara County. -5- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC APPENDIX CHAPTER 1 TABLE 105.6.20 TO READ IN ITS ENTIRETY AS FOLLOWS: TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALSl TYPE OF MATERIAL AMOUNT Carcinogens 10 pounds Combustible liquids Inside 25 gallons Outside 55 gallons Corrosive materials: Gases See Table 105.6.8 Liquids 55 gallons Solids 500 pounds Cryogens See Table 105.6.10 Explosive materials Any Amount Flammable materials: Gases See Table 105.6.8 Liquids See Section 105.6.16 Solids 10 pounds Highly toxic materials: Gases Any amount Liquids Any amount Solids Any amount Moderately toxic gas 20 cubic feet Organic peroxides: Liquids: Class I-II Any amount Liquids: Class III 1 gallon Liquids: Class IV 2 gallons Liquids: Class V No Permit Required Solids: Class I-II Any amount Solids: Class III 10 pounds Solids: Class IV 20 pounds Solids: Class V No Permit Oxidizing materials: Gases See Table 105.6.8 Liquids: Class 4 Any amount Liquids: Class 3 1 gallon Liquids: Class 2 10 gallons Liquids: Class I 55 gallons Solids: Class 4 Any amount Solids: Class 3 10 pounds Solids: Class 2 100 pounds -6- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 TYPE OF MATERIAL AMOUNT Solids: Class 1 500 pounds Other health hazards: Liquids 55 gallons Solids 500 pounds Pyrophoric materials: Gases Any amount Liquids Any amount Solids Any amount Radioactive materials: Gases Any amount Liquids See Section 105.6.20 Solids: See Section 105.6.20 Toxic materials: Gases See Table 105.6.8 Liquids 10 gallons Solids 100 pounds Unstable (reactive) materials: Liquids Class 4 & 3 Any amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 & 3 Any amount Class 2 50 pounds Class 1 100 pounds Water-reactive materials: Liquids Class 3 Any amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any amount Class 2 50 pounds Class 1 500 pounds For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg. REASON FOR AMENDMENT: To maintain the current permit structure used to regulate hazardous materials and to stay consistent with the agencies within Santa Clara County. -7- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.6.16(3) TO READ IN ITS ENTIRETY AS FOLLOWS: 3. To store, handle or use Class II or Class IIIA liquids in excess of25 gallons (95L) in a building or in excess of 55 gallons (227 L) outside a building, except for fuel oil used in connection with oil-burning equipment. REASON FOR AMENDMENT: To maintain the current permit structure used to regulate combustible liquids and to stay consistent with the agencies within Santa Clara County. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.6.20 TO READ IN ITS ENTIRETY AS FOLLOWS: 105.6.20 Hazardous Materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in tables 105.6.8, 105.6.10, 105.6.20. This includes radioactive materials with more than one microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific licenses from the Nuclear Regulatory Commission is required. Appendix E (not adopted but used as reference) provides descriptions and examples of hazard categories and materials that are considered hazardous. Also included are any materials deemed by the State of California to be listed on a hazardous materials business plan pursuant to Chapter 6.95 or defined as hazardous wastes in the California Code of Regulations (CCR) Title 22. REASON FOR AMENDMENT: To maintain the current definition used to regulate hazardous materials and to stay consistent with the agencies within Santa Clara County as well as the State Health and Safety Codes. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.6.43 TO READ IN ITS ENTIRETY AS FOLLOWS: 105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. REASON FOR AMENDMENT: To maintain the threshold used to regulate tents and to stay consistent with the agencies within Santa Clara County as well as the State Health and Safety Codes. -8- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.7.25 TO READ IN ITS ENTIRETY AS FOLLOWS: 105.6. 25 Lumber yards and wood working operations. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet per year or to conduct woodworking operations involving mass production or involving more than one of each type of machine, or where machines are used continuously (as opposed to intermittently) or substantial products of sawdust may be a problem. See Chapter 19. REASON FOR AMENDMENT: To maintain the permit process to regulate dust producing woodworking operations and to stay consistent with the agencies within Santa Clara County. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.7.26 TO READ IN ITS ENTIRETY AS FOLLOWS: 105.6. 26 Wood products. An operational permit is required to store chips, hogged material, logs, lumber, plywood, pallets, or firewood in excess of200 cubic feet (6m3). REASON FOR AMENDMENT: A Gilroy amendment to provide a permit process to regulate large quantities of wood pallets that can pose serious fire fighting problems. To clarify that pallet storage is included with other large quantities of wood products. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTION 105.7.13 TO READ IN ITS ENTIRETY AS FOLLOWS: 105.7.13 Temporary membrane structures, tents and canopies. A permit is required to erect an air-supported temporary membrane structure or a tent as described in Section 105.6.43 as requiring an operational permit. REASON FOR AMENDMENT: To maintain the threshold used to regulate tents and to stay consistent with the agencies within Santa Clara County as well as the State Health and Safety Codes. AMEND THE 2007 CFC APPENDIX CHAPTER 1 SECTIONS NO. 109.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor; provided, however, that where the City Attorney or his or her duly authorized agents has determined that such action would be in the best interest of justice, the City Attorney may specify in the accusatory pleading, citation or amendment thereto -9- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 that the violation shall be prosecuted as an infraction. Infraction fines are implemented pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due notice has been served shall be deemed a separate offence. REASON FOR AMENDMENT: To identify the method and types of enforcement processes to be used to enforce the code. The model code requires the local agency to insert appropriate language. The language provided is consistent with the current code adoption and processes. SECTION III Amend those sections of the 2007 Edition of the California Fire Code as published by the International Code Council based on the 2006 International Fire Code as follows. AMEND THE 2007 CFC SECTION NO. 202 BY AMENDING THE DEFINITION OF HIGH RISE TO READ IN ITS ENTIRETY AS FOLLOWS: [B] HIGH RISE BUILDING. As used in this code: 1. "Existing high-rise structure" means a high rise structure the construction of which is commended or completed prior to July 1, 1974. 2. "High-rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 50 feet above the lowest floor level having building access ( see California Building Code, Section 403.1.2), except buildings used as hospitals as defined in Health and Safety Code Section 1250. 3. "New high-rise structure" means a high-rise structure, the construction of which is commended on or after July 1, 1974. REASON FOR AMENDMENT: This amendment carries forward the prior City Code adoptions to have buildings over 50 ft meet the regulations of a high rise building. State regulation for high rise buildings take effect at 75 feet. This added amendment provides the Fire Chief with the authority and flexibility to require additional fire and life safety provisions, when, in the opinion of the Fire Chief, such provisions are necessary to augment limited Fire Department staffing. The topographical, climatic, geological findings support this amendment as well. AMEND THE 2007 CFC SECTION NO. 202 BY ADDING A NEW DEFINITION TO READ: WORKSTATION is a defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A -10- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment. REASON FOR AMENDMENT: To maintain the definition used to regulate workstations used in the City's Hazardous Materials Ordinance and to stay consistent with the agencies within Santa Clara County. DELETE FROM THE 2007 CFC CHAPTER 3, THE FOLLOWING SECTIONS AS FOLLOWS: Section 311.5 Placards Section 311.5.1 Placard Locations Section 311.5.2 Placard Size and Color Section 311.5.3 Placard Date Section 311.5.4 Placard Symbols Section 311.5.5 Informational Use REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. These sections are deleted since they pose logistical problems for fire departments and property owners regarding the posting and maintaining of signage. The State did not adopt these sections. AMEND THE 2007 CFC SECTION NO. 404.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 404.2 Where Required. An approved fire safety and evacuation plan shall be prepared and maintained for the following occupancies and buildings. 1. Group A buildings having an occupant load of 100 or more persons. 2. Group B buildings having an occupant load of 500 or more persons 3. Group E: See 93.13 Title 19, CCR for regulations. 4. Group H. 5. Group 1. See 93.09 Title 19, CCR for regulations. 6. Group R-1. See 93.09 Title 19, CCR for regulations. 7. Group R-2 college and university buildings. 8. Group M buildings having an occupant load of 500 or more persons. 9. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area. 10. Underground buildings. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendments better reflect the types of occupancies that should have a fire safety and evacuation plan. The amendment carries forward the current standard of care and practice in specifying the information to be contained in a fire evacuation plan. -11- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION NO. 404.3.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following: 1. Emergency egress or escape routes and whether evacuation of the building is to be complete or, where approved, by selected floors or areas only. 2. Description of what the fire alarm, if required, sounds and looks like (audible and visual warning devices). 3. Procedures for employees who must remain to operate critical equipment before evacuating. 4. Procedures for accounting for employees and occupants after evacuation have been completed. 5. Identification and assignment of personnel responsible for rescue or emergency medical aid. 6. The preferred and any alternative means of notifying occupants of a fire or emergency. 7. The preferred and any alternative means of reporting fires and other emergencies to the fire department or designated emergency response organization. 8. Identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan. 9. A description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment carries forward the current standard of care and practice in specifying the information to be contained in a fire evacuation plan. AMEND THE 2007 CFC TABLE 405.2 TO READ IN ITS ENTIRETY AS FOLLOWS: TABLE 405.2 FIRE AND EVACUATION DRILL FREQUENCY AND PARTICIPATION GROUP OR OCCUPANCY FREQUENCY PARTICIPATION Group A Quarterly Employees Group Ba Annually Employees Group E See 93.13 Title 19, CCR Group I See 93.09 Title 19, CCR Group R-1 See 93.09 Title 19, CCR Group R_2b Four annually All occupants Group R-4 See 93.09 Title 19, CCR High-rise buildingsC See 93.09 Title 19, CCR -12- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 a. Group B buildings having an occupant load of 500 or more persons. b. Applicable to Group R-2 college and university buildings only. c. Applicable to high-rise office buildings only. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment specifies the frequency for fire and evacuation drills to be consistent with the current practice. In some cases it defers to the State Fire Marshal regulations. DELETE FROM THE 2007 CFC THE FOLLOWING SECTIONS FROM CHAPTER 4 IN THEIR ENTIRETY AS FOLLOWS: Section: 408.2.2 Announcements. Section: 408.3.1 First Emergency Evacuation Drill. Section: 408.3.2 Emergency Evacuation Drill Deferral. Section: 408.3.3 Time Of Day. Section: 408.3.4 Assembly Points. Section: 408.5.1 Fire Safety And Evacuation Plan. Section: 408.5.2 Staff Training. Section: 408.5.3 Resident Training. Section: 408.5.4 Drill Frequency. Section: 408.5.5 Resident Participation. Section: 408.6 Group 1-2 Occupancies. Section: 408.6.1 Evacuation Not Required. Section: 408.6.2 Coded Alarm Signal. Section: 408.7 Group 1-3 Occupancies. Section: 408.7.1 Employee Training. Section: 408.7.2 Staffing. Section: 408.7.3 Notification. Section: 408.8 Group R-1 Occupancies. Section: 408.8.2 Emergency Duties. Section: 408.8.3 Fire Safety And Evacuation Instructions. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment removes several kinds of drills which are preempted by State Law. AMEND THE 2007 CFC SECTION 408.9 TO READ IN ITS ENTIRETY AS FOLLOWS: 408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and university buildings shall comply with the requirements of Sections 408.9.1 through 408.9.5 and Sections 401 through 406. -13- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment maintains fire and evacuation drills for college dormitories and maintains the current standard of care. ADD A NEW SECTION TO THE 2007 CFC 408.9.4 TO READ AS FOLLOWS: 408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each school year shall be conducted within 10 days of the beginning of classes. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment maintains the current standard of care. ADD A NEW SECTION TO THE 2007 CFC 408.9.5 TO READ AS FOLLOWS: 408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hours of the day or evening, during the changing of classes, when the school is at assembly, during the recess or gymnastic periods, or during other times to avoid distinction between drills and actual fires. In Group R2 college and university buildings, one required drill shall be held during hours after sunset or before sunrise. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment maintains the current standard of care. DELETE FROM THE 2007 CFC CHAPTER 4 THE FOLLOWING SECTIONS IN THEIR ENTIRETY: 408.10 Group R-4 occupancies. 408.10.1 Fire safety and evacuation plan.1 408.10.2 Staff training. 408.10.3 Resident training. 408.10.4 Drill frequency. 408.10.5 Resident participation. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. These sections are deleted as they are pre-empted by State Law. AMEND THE 2007 CFC SECTION 408.11.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep them current. -14- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment is necessary to eliminate the logistical responsibility for fire departments to monitor changes in tenants. The amendment represents no change from the current standard of care. AMEND THE 2007 CFC SECTION 503.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.2.1 Dimensions. Fire apparatus access roads shall have a minimum unobstructed width of not less than 20 feet (6096 mm). Greater widths may be required in roadway areas to provide for fire apparatus turning radius or when greater widths are needed to provide aerial ladder extension. Access shall not be blocked except for approved security gates in accordance with Section 503.6. A minimum unobstructed vertical clearance of 13 feet 6 inches (4115 mm) shall be provided. Exception: When there are not more than two Group R, Division 3, or Group U occupancies, the access road width may be modified by the fire code official. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment represents no change from the current standard used by Gilroy. AMEND THE 2007 CFC SECTION 503.6 TO READ IN ITS ENTIRETY AS FOLLOWS: 503.6 Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. When electronic gates are installed across one or more of the fire access roadways they shall be provided with automatic opening devices that can be activated by the fire department during a response to the location. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with current Gilroy Fire Department Policies for use of automatic opening devices for gates to new gated developments where response time is impeded by lack of guard shacks/security staffing. The amendment represents no change from the current standard used by Gilroy. ADD A NEW SECTION TO THE 2007 CFC 504.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 504.4 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire -15- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 department emergency access to the building, are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire department. Access control devices shall also comply with Chapter 10 Egress. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. The amendment represents no change from the current standard used by Gilroy for maintaining access to buildings that have security devices (bars etc.) that impede emergency access. AMEND THE 2007 CFC SECTION 505.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 505.1 Premises Identification. New buildings shall have illuminated address numbers. Address numbers shall be clearly visible from the street. Addressing shall be from the street that the main entry faces and shall be visible from that street or driveway. If the building is recessed, obstructed or at an angle such that the front door is not visible from the street, an additional address sign shall be provided that is visible from the street. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or top to bottom, and located at least 60 inches high from the ground. Address numbers shall be consistent with Gilroy standardized addressing guidelines. When access doors and roadways are provided to both the front and rear of a building, address numbers shall be provided on both sides of the building. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with current Gilroy Security Ordinance for requiring illuminated addresses for new construction. The amendment represents no change from the current standard used by Gilroy. AMEND THE 2007 CFC BY ADDING SECTION 505.3 to read as follows: 505.3 Complex premises identification. When there are several multi- family units within a development, units do not face a street or where units have an alley as the only drivable access, an illuminated site diagram shall be installed at each driveway entrance to the development that shows the location and addresses of all units and the fire system device locations. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with current Gilroy Security Ordinance for signage for complexes where addressing is confusing due to building and/or street design. The amendment represents no change from the current standard used by Gilroy. -16- ILLEZOTTE1750711.1 012408-04706083 Ordinance No. 2008-02 ADD A NEW SECTION TO THE 2007 CFC 507.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 507.4 Roof Guardrails At Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through. Exception: Where the roof opening is greater than 600 square feet in area. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment is to protect emergency responders where there are large openings interior to the building for interior courts. Guard rails will prevent firefighters from falling from the building, especially at night. AMEND THE 2007 CFC SECTION 508.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 508.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be determined by a method approved by the fire code official. A minimum fire flow of 1500 gpm shall be provided for any new fire hydrant. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with current Gilroy Engineering Standards for fire hydrant water flow and to allow the continued use nationally recognized standards for fire flow. The amendment represents no change from the current standard used by Gilroy. AMEND THE 2007 CFC SECTION 508.5.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 508.5.1 Where required. Where a portion of the facility, building, or outdoor storage area requiring a permit, is hereafter constructed or moved into or within the jurisdiction is more than 150 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility, building or outdoor storage area, on- site fire hydrants and mains shall be provided where required by the fire code official. Exceptions: 1. For Group R-3 occupancies in hillside areas, a warf or dry hydrant may be provided in lieu if there is a public fire hydrant within 50 ft of the home's driveway at street level. 2. The distance may be increased to 300 ft when all structures are provided with automatic fire protection, all storage is a minimum of 20 ft or a distance twice the storage height (whichever is greater) of materials from any exposures or property -17- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 lines that can be built upon, and a fire department access roadway is provided around each building and storage area. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with current Gilroy Fire Department Policy for fire hydrant spacing and locations. The amendment represents no change from the current standard used by Gilroy ADD A NEW SECTION TO THE 2007 CFC 511 TO READ IN ITS ENTIRETY AS FOLLOWS: SECTION 511 FIRE DEPARTMENT ROOF ACCESS Roof access shall be provided when required by the Fire Chief for fire attack on buildings where the ability to quickly ladder the building is impaired. When possible, roof access shall be provided from an interior protected stair well when a protected stair well is not available an exterior ladder may be provided. REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with the current Gilroy Fire Department Policy for roof access. Roof access may not be possible using current fire apparatus and building design. In such cases having an access way to the roof is needed to allow for fire fighting operations. ADD TO THE 2007 CFC SECTION 603.4.2 IN ITS ENTIRETY 603.4.2 Portable Un vented Heaters used in other occupancies and outside locations. Use of portable unvented heaters in other occupancies and outside locations shall not continue if the fire chief finds that such use would constitute a fire or life-safety hazard. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs but further amended by the Fire Marshal. In the county wide amendment all use of such appliances would be required to be approved by the Fire Marshal, even for legally allowed devices. This amendment would instead allow the Fire Department to be able to discontinue use based on finding of a hazard. This amendment is intended to mitigate concerns regarding the increased popularity of portable gas heaters but not to create a new regulatory program by requiring approval in all cases. The code already specifies instances where such devices are not permitted under any circumstance. ADD TO THE 2007 CFC SECTION 605.11 IN ITS ENTIRETY TO READ AS FOLLOWS: 605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls -18- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standard required for immersion heaters. Such heaters without emergency shut off were the cause of several fires prior to its original adoption into the local codes over a decade ago. ADD TO THE 2007 CFC SECTION 608.6.3 IN ITS ENTIRETY TO READ AS FOLLOWS: 608.6.3 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage the charging system. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It requires that ventilation be maintained where a battery charging system could produce explosive hydrogen gas. AMEND THE 2007 CFC SECTION NO. 903.2 IN ITS ENTIRETY BY TO READ AS FOLLOWS: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.17 and as follows, whichever is the more restrictive: 1. Any building or group of buildings where in the judgment of the Fire Chief, due to size, height, type of construction, location on property, contents of occupancy classification or change in use a fire would exceed or severely tax the capabilities of the local Fire Department to perform a reasonable level of rescue and fire suppressIon. 2. Regardless of area or occupancy separation walls, an automatic fire sprinkler system shall be required for the following: A. Any new commercial, industrial, or residential building 1,000 square feet or greater. B. Any building in the Hillside Zoning or designated Wildland-Urban Interface Area. C. Additions to existing buildings: this section shall apply to all existing buildings if the entire building area, including the addition, would be required to be sprinklered by this section as a new building, then the entire building shall be sprinklered: EXCEPTION: Additions of less than 1000 -19- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 square feet (either one time or cumulative after the adoption of this ordinance, need not be sprinklered unless otherwise required. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs to provide increased use of automatic fire sprinkler systems. Each city in Santa Clara County has included either their prior threshold or new lower thresholds for when automatic fire sprinklers are required. This amendment continues the current threshold for when an automatic fire sprinkler system is required pursuant to the current Gilroy Sprinkler Ordinance. AMEND THE 2007 CFC SECTION NO. 905.3 IN ITS ENTIRETY BY TO READ AS FOLLOWS: 905.3 Required installations. Standpipe systems shall be installed where required by Section 905.3.1 through 905.3.10 and in locations as indicated in Sections 905.4, 905.5 and 905.6. When otherwise not required, a single manual wet standpipe shall be provided in all new buildings that are 3 or more stories in height. Standpipe systems are allowed to be combined with automatic fire protection systems. AMEND THE 2007 CFC SECTION NO. 910.2 IN ITS ENTIRETY BY TO READ AS FOLLOWS: 910.2 Where required. Smoke and heat vents shall be installed in the roofs of one-storey buildings or portions thereof occupied for the uses set forth in Sections 910.2.1 through 910.2.3. Mechanical smoke exhaust shall be provided in enclosed parking garages as set forth by Section 910.4. When vehicle exhaust control systems are installed pursuant to the Building Code, the mechanical smoke exhaust may be provided in conjunction with the vehicle exhaust control system when approved by the Fire Chief. ADD TO THE 2007 CFC SECTION 1404.8 IN ITS ENTIRETY READ AS FOLLOWS: 1404.8 Fire Walls. When firewalls are required, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location ofthe wall(s). REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment reflects the findings and standards created after the disastrous Santana Row fire. This amendment will allow enforcement of having the firewalls completed as soon as possible to reduce fire losses in the event of a fire during construction. -20- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 1411.1 IN ITS ENTIRETY TO READ AS FOLLOWS: [B] 1411.1 Stairways Required. All floor levels above the first story in new multi-story buildings that require 2 exit stairs shall be provided with at least two usable exit stairways (temporary or permanent) after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times. Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.). REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment reflects the findings and standards created after the disastrous Santana Row fire. This amendment helps ensure that an adequate number of exits is maintained during building construction. It does allow for occasional obstruction of one exit to accommodate construction activities. ADD TO THE 2007 CFC SECTION 1411.1.1 IN ITS ENTIRETY READ AS FOLLOWS: SECTION 1411.1.1 Required Means Of Egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the fire safety plan as required by the fire code official. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment reflects the findings and standards created after the disastrous Santana Row fire. This amendment helps ensure that at least one exit is maintained for construction personnel. AMEND THE 2007 CFC SECTION 1413.1 IN ITS ENTIRETY TO READ AS FOLLOWS: 1413.1 Where required. Buildings three or more stories in height shall be provided with not less than one standpipe for use during construction. Such standpipe shall be provided with fire department hose connections at accessible locations adjacent to usable stairs and the standpipe outlets shall be located adjacent to such usable stairs. Such standpipe shall be installed when the progress of constructions is not more than 40 feet (12 192 mm) in height above the lowest level of fire department access. Such standpipe shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. -21- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 REASON FOR AMENDMENT: This is a Gilroy amendment to maintain the current standard that is required for new buildings of three (3) or more stories. The International Fire Code only requires a standpipe for four (4) or more stories. A standpipe in one of the stairwells provides a hose connection for quick fire attack. ADD TO THE 2007 CFC SECTION 1802 AMEND THE EXISTING DEFINITION FOR CONTINUOUS GAS DETECTION TO READ IN ITS ENTIRETY AS FOLLOWS: CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system where the analytical instrument is maintained in continuous operation and sampling is performed without interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30 minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes. The gas detection system shall be able to detect the presence of a gas at or below the permissible exposure limit in occupiable areas and at or below ~ IDLH (or 0.05 LC 50 ifno established IDLH) in unoccupiable areas. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for detection in facilities with toxic gases. AMEND THE 2007 CFC SECTION 2403.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 2403.2 Approval required. Tents and membrane structures having an area in excess of 200 square feet (19 m2) and canopies in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. To maintain the threshold used to regulate tents and to stay consistent with the agencies within Santa Clara County as well as the State Health and Safety Codes. -22- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 2701.2.2.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 2701.2.2.2 Health Hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard. 1. Highly toxic, toxic and moderately toxic. 2. Corrosive materials. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2702 TO ADD A DEFINITION AS FOLLOWS: SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. ADD TO THE 2007 CFC SECTION 2701.1.2 TO READ AS FOLLOWS: 2701.1.2 Other Requirements. This chapter shall include those parts of Chapter 6.95 (commencing with Section 25500) and Chapter 6.7 (commencing with Section 25280) of the Health and Safety code which impose additional requirements or are more restrictive. Any person who violates Health and Safety Code SS 25507 shall be subject to the penalties specified in Health and Safety Code SS 25515. The violation of any other Health and Safety Code Sections specified in this paragraph shall constitute a misdemeanor. REASON FOR AMENDMENT: This amendment incorporates the State Hazardous Materials and Underground Tank Laws under Health and Safety Code that are implemented with the Fire Code by the City's CUPA program. -23- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC SECTION 2703.1.3.1 TO READ AS FOLLOWS: 2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic gases and similarly used or handled materials. The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table 3704.2 or 3704.3 shall be in accordance with this chapter and Chapter 37. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. ADD TO THE 2007 CFC SECTION 2703.1.5 TO READ AS FOLLOWS 2703.1.5 Secondary Containment Requirements. A containment system shall be required for all hazardous materials, which are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger, people, property or the environment. Construction shall be substantial, capable of safely and securely containing a sudden release without discharge. Design criteria shall be performance oriented and constructed of physically and chemically compatible materials to resist degradation and provide structural and functional integrity for a period of time reasonably necessary to ensure detection, mitigation, and repair of the primary system. Monitoring of secondary containment shall be accordance with Section 2704.2.2.5. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2703.2.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 2703.2.2.1 Design And Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following: 1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject. -24- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed. 3. Readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing at the following locations: 1. The point of use. 2. The tank, cylinder or bulk use. 4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible accessible and indicated by means of a sign. 5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials. 6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4 Flammability Class 4 Reactivity Class 4 in accordance with NFP A 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff and excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical. Exceptions: 2. Piping for inlet connections designed to prevent backflow. 3. Piping for pressure relief devices. 7. Secondary containment or equivalent protection from spills shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 3704.2 and 3704.3. Secondary containment includes, but is not limited to double walled piping. Exceptions: 1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials. 2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum. -25- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2703.2.2.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 2703.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with ASME B31.3 and the following: 1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid. 2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies. Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.8.6.3 of the California Building Code as required for Group H, Division 5 Occupancies. 3. Primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. -26- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 2703.3.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 2703.3.1 Unauthorized Discharges. When hazardous materials are released in quantities reportable under state, federal or local regulations or when there is a threatened release that presents a threat to health, property or the environment, the fire code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 2703.3.1.1 through 2703.3.1.4. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. ADD TO THE 2007 CFC SECTION 2703.5.2 TO READ AS FOLLOWS 2703.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. ADD TO THE 2007 CFC SECTION 2703.5.3 TO READ AS FOLLOWS: 2703.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2703.9.8 TO READ IN ITS ENTIRETY AS FOLLOWS: 2703.9.8 Separation of Incompatible Materials. Incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated. When the stored materials are in containers having a capacity of more than 5 pounds (2 kg) or 0,5 gallon (2 L), separation shall be accomplished by: -27- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 1. Segregating incompatible materials in storage by a distance of not less than 20 feet (6096 mm) and in an independent containment system. 2. Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches (457 mm) above and to the sides of the stored material. 3. Storing liquid and solid materials in hazardous material storage cabinets. 4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance with Sections 2703.8.5 and 2703.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2703.9.10 TO READ IN ITS ENTIRETY AS FOLLOWS: 2703.9.10 Fire Extinguishing Systems For Workstations Dispensing, Handling or Using Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle or use hazardous materials, shall be protected by an approved automatic fire extinguishing system in accordance with Section 1803.10. Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2704.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 2704.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods: 1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations. -28- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes. 3. Sumps and collection systems. 4. Other approved engineered systems. Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 2704.2.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 2704.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. DELETE FROM THE 2007 CFC Table 2704.2.2 IN ITS ENTIRETY REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This table is not needed and is superseded by the other amendments proposed to maintain the current standard used by the agencies in Santa Clara County. AMEND THE 2007 CFC SECTION 2705.4.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 2705.4.4 Emergency Alarm. When hazardous materials having a hazard ranking of 3 or 4 in accordance with NFP A 704, or toxic gases exceeding 10 cu. ft. and any amount of highly toxic compressed gases are transported through corridors or exit enclosures, there shall be an emergency telephone system, a local manual alarm station or an approved alarm-initiating device at not more than 150-foot (45,720 mm) intervals and at each exit -29- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 and exit-access doorway throughout the transport route. The signal shall be relayed to an approved central, proprietary or remote station service or constantly attended on-site location and shall also initiate a local audible alarm. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 3102 TO ADD A DEFINITION AS FOLLOWS: CORROSIVE LIQUID. Corrosive liquid is a liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acidic, alkaline or caustic materials. Such material will be considered corrosive when the Ph is 2 or less or 12.5 or more, except for foodstuffs or medicine. Included are Department of Transportation and Title 22, California Code of Regulations, 66261.22 classed corrosives. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current standard used in Gilroy. AMEND THE 2007 CFC SECTION 3301.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3301.1 Scope. For explosives requirements see Title 19 California Code of Regulations Chapter 10 and Section 3301.1.1 of this Chapter. For fireworks requirements see Title 19 California Code of Regulations, Chapter 6, Section 3301.1.2 of this Chapter, and Gilroy City Code Section lOA. Exceptions: 1. The armed Forces of the United States, Coast Guard or National Guard. 2. Explosives in forms prescribed by the official United States Pharmacopoeia. 3. The possession, storage and use of small arms ammunition when packaged in accordance with DOT packaging requirements. 4. The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. 5. Items preempted by federal regulations. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment is administrative in nature directing persons to -30- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 existing State Law as well as to the local restrictions for explosives and fireworks. It maintains the current standards in Gilroy. ADD THE 2007 CFC SECTION 3301.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3301.1.1. Explosives. The possession, manufacture, storage, sale, handling, and use of explosives are prohibited. Exceptions: 1. Possession, storage, handling and use of explosives for test and research purposes are allowed with permit and approval of the fire code official. 2. Possession, storage, handling and use of squibs, explosive nuts or bolts and similar small quantity explosive devices are allowed with permit and approval of the fire code official. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment is administrative in nature directing persons to existing State Law as well as to the local restrictions for explosives and fireworks. It maintains the current standards in Gilroy. ADD TO THE 2007 CFC SECTION 3301.1.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 3301.1.2 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited. Exceptions: I. Storage, handling and use of fireworks and pyrotechnic special effects outside of buildings when used for public or proximate audience displays, motion picture, television, theatrical and group entertainment productions when handled and used by a licensed pyrotechnic operator in accordance with Title 19 of the California Code of Regulations and permitted in accordance with this Chapter. 2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings, equipped throughout with an approved fire sprinkler system, when used for proximate audience displays or special effects in theatrical, television, motion picture and group entertainment productions and when handled and used by a licensed pyrotechnic operator in accordance with Title 19 of the California Code of Regulations and permitted in accordance with this Chapter. 3. The sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section 10.A. -31- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment is administrative in nature directing persons to existing State Law as well as to the local restrictions for explosives and fireworks. It maintains the current standards in Gilroy. ADD TO THE 2007 CFC SECTION 3301.1.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 3301.1.3 Rocketry. The storage, handling, and use of model rockets shall be in accordance with Title 19 of the California Code of Regulations and as approved by the Fire code official. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. This amendment is administrative in nature directing persons to existing State Law as well as to the local restrictions for explosives and fireworks. It maintains the current standards in Gilroy. ADD THE 2007 CFC SECTION 3404.2.7.5.8 TO READ IN ITS ENTIRETY AS FOLLOWS: 3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 or 3406.7 shall have overfill protection in accordance with API 2350. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It eliminates an exemption for certain aboveground petroleum tanks. It maintains the current standard used in Gilroy. ADD TO THE 2007 CFC SECTION 3404.2.7.5.9 TO READ IN ITS ENTIRETY AS FOLLOWS: 3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It is based on several accidents that occurred resulting in petroleum -32- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 going into the storm drain. It requires that an alarm sound and automatic shut off to occur when automatic tank filling procedures are used. ADD TO THE 2007 CFC SECTION 3701.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 3701.3 Moderately Toxic Gases With A LC50 Equal To Or Less Than 3000 Parts Per Million. Notwithstanding the hazard class definition in Section 3702, moderately toxic gases with an LC50 less than 3000 parts per million shall additionally comply with the requirements for toxic gases in Section 3704 of this code. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3702 TO ADD A DEFINITION AS FOLLOWS: MODERATELY TOXIC GAS. Moderately toxic gas is a chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each. Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ: Max TQ (pounds) = LC50 (ppm) x 2 lb. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.1.4 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is of a fail- safe to close design, shall be provided to shut off the supply of highly toxic gases for any of the following: 1. Activation of a manual fire alarm system. -33- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 2. Activation of the gas detection system. 3. Failure of emergency power. 4. Failure of primary containment. 5. Seismic activity. 6. Failure of required ventilation. 7. Manual activation at an approved remote location. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.5 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.5 Emergency Control Station. Signals from emergency equipment used for highly toxic gases shall be transmitted to an emergency control station or other approved monitoring station, which is continually staffed by trained personnel. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.6 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area shall comply with the additional requirements for highly toxic gases of Section 3704 of this code. Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity. in a single vessel per control area or outdoor control area shall comply with the additional requirements for toxic gases of Section 3704 of this code. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -34- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC SECTION 3704.1.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.8 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.8 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be available to any representative of the Fire Department for inspection upon request. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.9 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 2704.5. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -35- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC SECTION 3704.1.10 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.11 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases exceeding threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.12 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.12 Emergency Response Plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -36- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC SECTION 3704.1.13 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.13 Emergency Response Team. Responsible persons shall be designated the on- site emergency response team and trained to be liaison personnel for the Fire Department. These persons shall aid the Fire Department in preplanning emergency responses, identifying locations where regulated materials are stored, handled and used, and be familiar with the chemical nature of such material. An adequate number of personnel for each work shift shall be designated. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.14 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.14 Emergency Drills. Emergency drills of the on-site emergency response team shall be conducted on a regular basis but not less than once every three months. Records of drills conducted shall be maintained. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.15 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -37- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC SECTION 3704.1.16 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems shall be located in an approved gas cabinet unless the system operates by vacuum demand. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC SECTION 3704.1.17 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.1.17 Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3000 parts per million. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.2 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 3704.2.1 through 3704.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately toxic gases for indoor storage and use are set forth in Table 3704.2. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -38- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 ADD TO THE 2007 CFC Table 3704.2 TO READ IN ITS ENTIRETY AS FOLLOWS: Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Stora2e and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND SECTION 3704.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 3704.2.1.1 through 3704.2.1.3. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.2.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 3704.2 shall be in accordance with Sections 2701, 2703, 3701, 3704.1 and 3704.2, REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -39- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 3704.2.2 1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic and toxic compressed gases shall be in accordance with Sections 3704.2.2.1 through 3704.2.2.10.3. Moderately toxic gases with an LC50 less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.10.3 All other moderately toxic gases exceeding the threshold quantity shall comply with the requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.7. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.2.2.7 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted enclosures, gas rooms and local exhaust systems required in Section 3704.2.2.4 and 3704.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 3704.2.2.7.1 through 3704.2.2.7.5 and Section 505 of the California Mechanical Code. Exceptions: 1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not required for cylinders, containers and tanks in storage when all of the following are provided: 1.1. Valve outlets are equipped with gas-tight outlet plug or caps. 1.2. Hand wheel-operated valves have handles secured to prevent movement. 1.3. Approved containment vessels or containment systems are provided in accordance with Section 3704.2.2.3. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -40- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 3704.2.2.10.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visual and audible and shall provide warning both inside and outside the area where the gas is detected. The audible alarm shall be distinct from all other alarms. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 3704.3.1 through 3704.3.4. The threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 3704.3. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. ADD TO THE 2007 CFC TABLE 3704.3 TO READ IN ITS ENTIRETY AS FOLLOWS: Table 3704.3 Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Outdoor Stora2e and Use Highly Toxic 0 Toxic 10 cubic feet Moderately Toxic 20 cubic feet REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. -41- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 AMEND THE 2007 CFC SECTION 3704.3.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 3704.3.1.1 through 3704.3.1.3. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.3.1.1 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 3704.3 shall be in accordance with Sections 2701,2703,3701,3704.1, and 3704.3. Moderately toxic gases with an LC50 less than 3000 parts per million in amounts exceeding the threshold quantity in Table 3704.3 shall comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1 and 3704.3. Moderately toxic gases in amounts exceeding the threshold quantity in Table 3704.3 shall comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1 and 3704.3.2.1 through 3704.3.2.5. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC SECTION 3704.3.3 TO READ IN ITS ENTIRETY AS FOLLOWS: 3704.3.3 Outdoor storage weather protection for portable tanks and cylinders. Weather protection in accordance with Section 2704.13 and this section shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 2704.5. REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide -42- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic gases. AMEND THE 2007 CFC CHAPTER 45 TO INCLUDE THE TWO REFERENCE STANDARDS AS FOLLOWS: NFPA 96-01, "Standard for Hood and Duct Systems" NFP A 318-02, "Installation Standard for Fire Protection Systems in Clean Rooms" REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa Clara County Fire Chiefs. It adds the two National Fire Protection Association Standards to the Chapter that cites reference standards. SECTION IV Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council of the City of Gilroy finds that each of the modifications, additions and changes to the aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably necessary because of local climatic, geological or topographical conditions, or to impose more stringent standards for fire and panic safety. Specifically, the City Council finds: (1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately 90% of the precipitation falls during the months of November through April, and 10% from May through October. Relative humidity drops to 20 or lower during the dry months (summer). Temperatures have been recorded as high as 108 degrees Fahrenheit. This area has been subject to drought. It is anticipated that drought conditions will continue to occur in the future. Such conditions allow natural vegetation and outdoor combustible materials to be in a dry state for a large portion of the year, making them more susceptible to ignition and rapid burning. These combined conditions create high fire danger during the summer and fall months. (2) Geological Findings. The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants. This is especially critical in the facilities housing hazardous materials or occupancies requiring safe and quick evacuation in order to get to a safe location. Early warning of fire, early fire suppression and control of spread are important. (3) Topographical Findings. A major rail corridor through the central portion of town divides the City. There are no overpasses available within the City boundaries. This can -43- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 impair response and can serve to isolate the City's Fire Response capability. A major highway also divides the City. There are portions of the City where there is only one overpass to access a substantial geographical area. There are no alternate routes within City boundaries; and The highway is also part of a major truck transportation route. If an accident, or earthquake makes the overpass uncrossable this will isolate the area and impact response times; and the City has a substantial industrial area within a flood plain. Flooding in the area would isolate the area from the City's Fire Response capability; and The City has areas that are within hillside and open spaces defined as State Response Areas. The grade and narrow and/or lack of roadways impair the Fire Response to these areas. The presence of large areas of natural vegetation that is dry and highly ignitable during the dry and hot summer and fall months can increase fire response times and impair fire response to other incidents. Water flow in the hillside areas is impacted as fire flows fall below 1500 gpm; and The City is a great distance from any large metropolitan area. Response times from the nearest metropolitan fire department is a minimum of half an hour and during traffic periods is in excess of 45 minutes. This serves to further isolate the City and impair Fire Response as there are fewer fire responders in the immediate area. Information on the nature of an incident in a timely manner is of greater importance than in a metropolitan area where a first alarm sends more personnel than the entire on-duty staffing of the Gilroy Fire Department. Measures which provide early fire detection, suppression and prevention of fire spread are warranted based on these findings. (4) Fire and Panic Safety Findings - Hazardous Materials. Hazardous Materials use, handling and storage present unique emergency response requirements. The Gilroy Fire Department does not have its own hazardous materials team and the nearest mutual aid team is in excess of 45 minutes response time; and The City of Gilroy relies solely on ground water for water supply and much of the area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply and additional measures are needed to ensure that these materials do not threaten that supply; and Because Gilroy is remote from the main metropolitan areas, there are fewer ambulance and hospital services available to provide for large numbers of persons with injuries. Hazardous Materials and other intensive industrial uses place a competing burden on the delivery of fire services. Hazardous Material and/or facilities using or storing hazardous materials require additional controls to ensure that such hazards can be controlled; and (5) Fire and Panic Safety Findings - Automatic Fire Sprinklers. The City's water system is reliable and capable of providing adequate pressures and reliability to make the use of automatic fire sprinkler systems economical and practical and to be required of all new construction. While threats from fires and other disasters can cause the availability -44- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 for the suppression of fires using standard hose operations, the City's demographics, including but not limited to older residents, residential care homes, home occupations also make quick and effective fire extinguishment in these buildings a public panic and life safety interest. A copy of these findings shall be filed with the California Building Standards Commission. REASON FOR AMENDMENT: The findings above reflect the past and current status of the climatic, geological, topographic, panic and fire safety findings used in the prior code adoptions. These findings still hold and reflect the current rational for amendment of the model codes. SECTION V The following amendments to Chapter 10, Article II, and Sections 10.9 through 10.16 are hereby made. ARTICLE II. FIRE CODE ADOPTION* REASON FOR AMENDMENT: We are no longer using the Uniform Fire Code. Using only the words Fire Code are sufficient as the specific model code uses will be specified in each ordinance. AMEND SECTION 10.9 IN ITS ENTIRETY TO READ: Sec. 10.9. The California Fire Code is adopted subject to amendment by ordinance. The California Fire Code is hereby adopted by the City Council of the City of Gilroy for the purpose of prescribing regulations and governing conditions hazardous to life and property from fire or explosion, and providing penalties for the violation thereof. The latest edition of the above code shall be submitted to the council from time to time and shall become effective upon approval by council ordinance, subject to such amendments and modifications as may be contained in each ordinance of approval. Copies of all such ordinances shall be kept on file in the office of the fire chief so that interested persons may determine the California Fire Code, the edition and amendments and modifications applicable in the City. (Ord. No. 639, 9 1; Ord. No. 770, 9 1; Ord. No. 1002, 9 1, 12-3-73; Ord. No. 78-13, 92, 5-1-78) REASON FOR AMENDMENT: We are no longer using the Uniform Fire Code. State Law requires that code adoption be done by ordinance not resolution. DELETE SECTION 10.11 and Reserve. DELETE SECTION 10.12 and Reserve. DELETE SECTION 10.13 and Reserve. -45- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 DELETE SECTION 10.14 and Reserve. DELETE SECTION 10.15 and Reserve. DELETE SECTION 10.16 and Reserve. REASON FOR AMENDMENT: These Sections are no longer applicable and the topics are covered in the administrative sections of Appendix 1 of the California Fire Code. SECTION VI The City Council hereby directs staff to include in the record any and all documents setting forth facts and findings for adoption of the Fire Code and amendments and appendices thereto. SECTION VII If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION VIII This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 22nd day of January 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE -46- ILLEZOTTEI750711.1 012408-04706083 Ordinance No. 2008-02 / ATTEST: \J ILLEZOTTEI750711.1 012408-04706083 APPROVED: a~~- -47- Ordinance No. 2008-02 I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2008-02 is an original ordinance, or true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 22nd day of January, 2008, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of February, 2008. a a Freels, CMC 1 Clerk of the City of Gilroy (Seal)